Hemalatha N Vs K Gangappa

MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.26.07.2024 PASSED IN MVC NO.316/2021 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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HC-KAR

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ORAL JUDGMENT

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Heard the arguments on both sides.

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This appeal is filed against the judgment and award passed by the III Additional Senior Civil Judge and MACT, Tumakuru ("Tribunal" for brevity) in MVC No.316 of 2021 dated 26.07.2024.

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Brief facts of the case are, Devaraju s/o.Eranna met with an accident on 21.12.2020. His wife, daughter and mother filed claim petition claiming compensation of ₹50,00,000/-. The Tribunal considering the entire evidence on record granted an amount of ₹25,86,000/with interest at the rate of 6% per annum from date of petition till deposit.

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Aggrieved by the said award, this appeal is preferred mainly contenting that, Devaraju was aged 31 years at the time of accident, he was an ITI holder and was working at Commscope T Connectivity Global Shared Services India Pvt.Ltd. as a Skilled Operator and was drawing salary of Rs.48,000/- per month and it has also been deposed by

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HC-KAR

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PW.1-wife of Devaraju. But the Tribunal erred in taking

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his income as ₹14,000/-. Police recorded his age as 39 years instead of 31 years. Amount granted under the conventional heads is on lower side and interest is to be granted at the rate of 12%.

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Petitioners have produced Aadhar card, PAN card and pass book as per Exhibits P.6 to P.8, certificates under Exhibits P.9 and P.11, salary slip pertaining to the year 2016 under Exhibit P.12, IT returns for the years 2016 and 2017 under P.13 and RTCs as per Exs.P.15 and 16.

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Devaraju met with an accident in the year 2020 and as such the Tribunal has not considered any of the documents. Moreover, it was brought in the evidence that the deceased himself resigned the job in the year 2018 and later he was doing agriculture and at the time of retirement, he has received benefits of more than Rs.30,00,000/-. Exhibits P.15 and 16, two RTCs are produced to show that he was possessing lands and doing agriculture wherein extent of land possessed is not

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HC-KAR

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revealed. However, as per Ex.P.17 driving licence his age is mentioned as 38 years and hence, age aspect is not disputed and the multiplier of '15' could safely be taken. Admittedly, the deceased was a qualified person and was in a better place/position prior to the accident. But, later he resigned his job in the year 2018 and received his VRS benefits and said to be working as an agriculturalist at the time of the accident. Therefore, this court finds that his income is to be taken as Rs.20,000/- per month, instead of the notional income and is entitled for 40% towards future prospects and one third is to be deducted towards personal expenses. Hence, compensation towards loss of dependency comes to Rs.33,60,000/-(20,000+40%x12x15 minus 1/3).

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Further, the first petitioner-wife is entitled Rs.44,000/towards spousal consortium, second petitioner-daughter is entitled for 44,000/- towards parental consortium and third petitioner-mother of deceased is entitled for 44,000/- towards filial consortium

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HC-KAR

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and the petitioners are also entitled for 33,000/- under the

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conventional heads.

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Thus in all, components awarded by this court are as below,

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Sl.Nos.	Particulars	Amount in Rs.
1	Towards loss of dependency	33,60,000
2	Towards loss of consortium	1,32,000
	(44,000x3)
3	Conventional heads	33,000
	Total	35,25,000

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Hence, the petitioners in all are entitled for a total compensation of Rs.35,25,000/-. The Tribunal has awarded compensation of Rs.25,86,000/- and hence, the enhanced compensation comes to Rs.9,39,000/-.

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It is submitted that the Insurance Company has already deposited the award amount before the Tribunal and therefore, is now directed to deposit the enhanced compensation of ₹9,39,000/- with interest at the rate of

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6% within one month from the date of this order.

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